// Privacy Policy

This privacy policy (hereinafter the “Privacy Policy”) governs how HOMEPAC, a Luxembourg company with its registered office: 161, rue du Kiem - L-8030 - STRASSEN Registered with the Luxembourg Trade and Companies Register under number B272799 or any other company affiliated with the same group (hereinafter "HOMEPAC"), collects, uses, stores, and discloses information collected from customers or users (hereinafter an individual "User" or "Users") of its websites, mobile applications, or other services (hereinafter the "Services"). Compliance with data protection legislation.

HOMEPAC acknowledges and undertakes to comply with the laws and regulations governing the processing of personal data, including, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”) and any other applicable national law or regulation governing the processing of personal data.

The data protection officer appointed by HOMEPAC should be contacted using the following information:
Address: HOMEPAC - 161, rue du Kiem - L-8030 - STRASSEN
Tel: (+352) 27 02 98 61
Email: contact@homepac.lu
B272799

Personal identification data

HOMEPAC may collect personally identifiable information from Users in various ways, including, but not limited to, when Users visit HOMEPAC websites, register on them, fill out a form, sign a contract, purchase a product, and in connection with other activities, applications, or services offered by HOMEPAC. Depending on the needs, Users may be asked for their name, date of birth, email address, postal address, telephone number, etc. As part of certain Services, HOMEPAC may also collect data related to Users' energy consumption in order to provide those services.

Non-personal identification dataL
HOMEPAC may collect non-personal identification data about Users each time they use a website, application, or other online service. Non-personal identification data may include technical data relating to Users' connection methods, such as the operating system and Internet provider used by the User, geographic data such as country of origin, behavioral information such as time spent on the website, as well as other non-personal analytical data to improve the "customer experience," products, and services offered.

Each User acknowledges and accepts that the performance of the Services may depend on the collection and processing of personal data as well as non-personal data.
Web browser cookies

HOMEPAC may use cookies to enhance the User's experience with the Services. In this case, the User's web browser places cookies on their hard drive to collect certain data used to personalize their browsing experience within the Services, enabling certain unique features. For more information on how we use cookies and the cookie options we offer, please see our Cookie Policy.
How HOMEPAC uses the data collected

In principle, personal and non-personal identification data are used to offer Services to Users and to ensure the proper functioning of these Services to which the User has subscribed or which he has requested in another form.

In this context, HOMEPAC may collect and use personal and non-personal data of the User for the following purposes:
• To improve the Services: The information provided by Users will help HOMEPAC to respond to certain User requests.
• To personalize the User experience: HOMEPAC may use non-personal information to understand how Users as a group use the Services offered by HOMEPAC.
• To improve the quality of HOMEPAC's websites and any other online presence as well as other communication tools or tools related to specific Services: HOMEPAC may use the feedback provided by the User to improve its products and services.
• To send periodic emails and other text messages or notifications: HOMEPAC may use the email address or mobile phone number provided by the User to respond to inquiries, questions, and/or other requests. If the User chooses to be added to the notification list, they will receive periodic information that may include energy consumption reports, company news, updates, product or service information, private sales, and information from HOMEPAC service providers in the context of joint projects (the "Periodic Information Service"). Should a User wish to unsubscribe from the Periodic Information Service at any time, HOMEPAC will include detailed unsubscribe instructions at the bottom of each email or text message.

How HOMEPAC protects personal dataL
HOMEPAC adopts appropriate security practices and measures for the collection, storage and processing of data to protect against unauthorized access, falsification, disclosure or destruction of personal identification data within the limits of HOMEPAC's role in the respective Service (given that certain specific services may be provided by third parties).

Sharing of personal data
HOMEPAC undertakes not to sell, market, or otherwise transfer Users' personally identifiable information to third parties. However, each User agrees that their personally identifiable information may be transmitted (i) to website hosting and publishing partners and other subcontractors assisting HOMEPAC in providing Services, managing its business, or providing services to the User, provided that such subcontractors undertake to process this information only according to HOMEPAC's instructions and to comply with applicable data protection laws. HOMEPAC may also disclose Users' personally identifiable information if it deems such disclosure necessary to comply with the law, enforce the terms and conditions of use of its websites, or protect its rights, property, or safety, or those of others.
However, non-personal identification data of Users may be provided to third parties for marketing, advertising or other uses.

Changes to this privacy policy
HOMEPAC reserves the right to update this Privacy Policy at any time. To do so, it will revise the "Last Updated" date at the bottom of this page. HOMEPAC encourages Users to frequently check this page for any changes. Users acknowledge and agree that it is their responsibility to regularly review this Privacy Policy and to become aware of any modifications.

Data retention
HOMEPAC takes all reasonable steps to ensure that your personal data is processed for the minimum period necessary for the purposes set out in this privacy policy. The criteria for determining how long we will retain your personal data in relation to the Services are as follows:
• as long as we maintain an ongoing relationship with you (for example, when you are a recipient of our services, or you are legally included in our mailing list and have not unsubscribed);
• as long as your personal data is necessary for the legal purposes set out in this privacy policy, for which we have a valid legal basis;
• until the expiry of a period of two (2) months following the end of any applicable limitation period under applicable law; and with your prior consent, until the expiry of any additional retention period.

HOMEPAC undertakes to delete or anonymize your personal data upon expiry of the retention period described above.

Data security and data transfer
HOMEPAC has implemented appropriate technical and organizational security measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, unauthorized access and other forms of unlawful or unauthorized processing.
You are responsible for ensuring that all personal data you send us is sent securely.
HOMEPAC does not transfer personal data to a third country or to an international organisation, except as appropriate: adequacy decisions; standard contractual clauses; other transfer mechanisms valid under GDPR.

Accuracy and data minimization
We are taking reasonable steps to:
• ensure that your personal data is accurate and, if necessary, updated;
• ensure that your personal data is collected according to the needs defined in this privacy policy.

Data subject rights
Under data protection law, each user has the right to access, rectify, and object to the processing of their personal data, as well as the right to erasure and data portability. These rights can be exercised by sending an email to contact@homepac.lu. These rights are subject to any contractual or legal obligations. Each user also has the right to lodge a complaint with the Luxembourg supervisory authority, namely the National Commission for Data Protection (https://cnpd.public.lu/fr.html).
Acceptance of these conditions

By using the Services, Users agree to this Privacy Policy. If a User does not agree to this Privacy Policy, HOMEPAC recommends that the User not use the Services. Continued use of the Services following the posting of changes to this Privacy Policy will constitute acceptance of those changes.

// Cookie Policy

Our cookie policy applies to all applications accessed or used via our websites or web pages (hereinafter the "Websites") in connection with the brands (hereinafter the "Brands") used by HOMEPAC entities (hereinafter the "Group") whether these applications are managed (i) on platforms operated by or on behalf of Group entities or (ii) on third-party platforms such as Facebook or Youtube.

Our websites are designed to be attentive to the needs and expectations of our customers.

By consenting to the use of cookies, you agree to browse our websites in accordance with this cookie policy (hereinafter the "Cookie Policy"). If you refuse cookies or if you set your preferences or your browser settings to disable cookies, your user experience on our websites may be affected or reduced, and the websites may have limited functionality.

What is a cookie?
A cookie is a small text file or piece of information that can be stored in your computer's or device's web browser when you visit our websites. It allows us to analyze your use of the website. A cookie typically contains the name of the website it originated from, the cookie's "lifespan" (i.e., how long it will remain on your device), and a value, which is usually a randomly generated unique number.

What is the purpose of our use of cookies?
Our cookies
These are first-level cookies set by the Website publisher and/or the service provider selected by the Website publisher.
We use cookies to enable you to navigate our websites efficiently, secure your connection, and access restricted and personal areas of our sites using login credentials you have previously provided. These cookies are essential for browsing our websites. Without them, our websites cannot function properly. Deleting them is not recommended.
We also use cookies that are not essential for browsing our websites but help optimize their functionality and generally improve your user experience. Cookies can tell us, for example, whether you have visited our website before or are a new visitor. They can also help ensure that the information displayed is more relevant to you (remembering services or offers, your preferred language, etc.).
We also use audience measurement or analytics cookies to generate anonymous statistics that help us understand how visitors use our websites and improve their structure and content. No information collected is used by the Group to identify any individual user on our websites.

Third-party cookies
We work with third-party companies (advertising networks or partners) that may also place cookies on your device when you visit our websites or third-party websites accessible through our websites. These third-party cookies allow us to identify your interests based on the content you view and to personalize the advertising you see.
These cookies are necessary for providers to deliver their services. For more information about these cookies, as well as how to refuse them, please see the additional information below.
We identify these cookies before they are used so that you can decide whether to accept them. More information about these cookies can also be found on the third party's website.
Lifetime

The cookies we use on our websites can also be categorized according to their lifespan:
• Session cookies: Session cookies are temporary cookies that remain on your device until you leave the Website. They are automatically deleted at the end of your visit.
• Persistent cookies: Persistent cookies generally remain on your device for longer or until you manually delete them. The lifespan of the cookie on your device will depend on the specific cookie's "lifespan" and your browser settings. One persistent cookie, for example, allows us to count you as a returning visitor to our website if you have visited the website before.

Cookies used on the HOMEPAC.LU website
The table below summarizes the categories of cookies we use on our Websites grouped into 4 categories with their respective purpose and duration (i.e., how long each cookie will remain on your device).
Cookies "Essential / necessary for the operation of Websites"
What do these cookies do?
They allow you to navigate the pages of our Websites and use their features, such as access to secure areas, remembering previous actions (for example, validating your subscription, remembering your customer area).
They allow your consent to the use of cookies to be taken into account.
Do these cookies collect my personal data / identify me?
These cookies do not identify you as an individual.
If you do not accept these cookies, it may affect the performance of the Website or reduce its functionality.
The website operator may claim a legitimate interest in storing cookies in order to optimize its services and ensure their technically flawless operation.
"Performance or Statistics" cookies
What do these cookies do?
By collecting and reporting information anonymously, these cookies help us understand how visitors interact with our Websites by providing traffic and usage statistics for our Sites, for example, information on areas visited, time spent on the website, and any problems encountered, such as error messages.
This helps us improve the performance of our websites (services and content).
Do these cookies collect my personal data / identify me?
These cookies do not identify you as an individual. All data is collected and processed anonymously.
Cookies “Content personalization or Preferences”
What do these cookies do?
These cookies allow our websites to remember choices you make (such as your username, language, or region) to provide a more personalized user experience.
They can also allow visitors to watch videos, participate in games, and interact with social media such as blogs, discussion forums, and discussion boards.
Do these cookies collect my personal data / identify me?
The information collected by these cookies may include personal information that you have disclosed, such as your username or profile picture.
We will always be transparent with you about the information we collect, what we do with it, and who we share it with.
If you do not accept these cookies, it may affect the performance and functionality of the Website and may restrict access to Website content.
Cookies for "Personalized Advertising or Marketing"
What do these cookies do?
These cookies are used to provide you with more relevant and interesting content based on your interactions on our websites.
They can be used to deliver targeted advertising or to limit the number of times you see an ad. They also help us measure the effectiveness of our advertising campaigns on HOMEPAC websites and partner sites.
We may use these cookies to remember the sites you have visited and we may share this information with other parties, including advertisers and our agencies.
Do these cookies collect my personal data / identify me?
Most of these types of cookies track consumers via their IP address, which can allow the collection of personal information that could identify you. For more information about these cookies, including the information they collect and how it is used, click here.
Managing my cookies
The cookies placed by our Websites are subject to the user's consent, with the exception of certain "Essential" cookies which are exempt from the collection of consent.
By clicking on this link, you can choose to enable or disable the different categories of cookies (Content personalization/Preferences – Personalized advertising/Marketing).
Click here to configure your cookie consent level
Please note that changing your settings may affect your access to our services and your browsing experience on our websites.
User consent can be withdrawn at any time via the link in our Cookie Policy.
How can I control or delete cookies?
Most web browsers offer options for configuring cookie settings. Through your browser, you can directly modify the settings to allow or block cookies at any time, or to alert you when cookies are placed on your device.
Each browser's settings are different. Please consult your browser's instructions or options to learn more about how to change your browser settings.
If your browser is configured to reject all cookies, you will not be able to use essential features of our websites, such as receiving personalized recommendations. To manage cookies according to your preferences, we encourage you to configure your browser settings based on the purposes of the cookies as described above.
If you use different devices to view and access our websites (e.g., your computer, smartphone, tablet, etc.), you must ensure that each browser on each device is configured to accept your cookie settings. Click here for more information.
We use Google Tag Manager to inform you about the cookies used on our websites and to allow you to give or withdraw your consent to the storage of cookies during your visit. Google Tag Manager will also set its own cookies to record your preferences.
* Learn more about cookies
Cookie-price
The price cookie is a cookie used primarily to transmit your settings as well as the price of the simulators on our websites to the following pages.
This is a top-level session cookie that is immediately deleted from your browser after the session.
Your personal data is neither transferred nor stored by the cookie. It simply provides information about the product, price, and settings to subsequent pages to offer you the best user experience.
This cookie can be prevented from being stored by adjusting your browser settings. For more information on these settings and how to block the cookie, please consult your browser provider's website. Disabling this cookie may restrict certain features of the HOMEPAC websites.
More information on this subject can be found in our privacy policy.
Cookie contact form
The cookie on our contact form is a cookie used to secure the form and the process of submitting a request.
This is a top-level session cookie that is immediately deleted from your browser after the session.
Your personal data is neither transferred nor stored by the cookie. It simply ensures secure use of the contact form.
This cookie can be prevented from being stored by adjusting your browser settings. For more information on these settings and how to block the cookie, please consult your browser provider's website. Disabling this cookie may restrict certain features of the HOMEPAC websites.
More information on this subject can be found in our privacy policy.
Google Tag Manager
Google Tag Manager is a technical solution that allows us to easily manage tags and JavaScript code on our websites, without requiring coding skills.
Google Tag Manager itself does not collect data and does not share it with other Google applications or third parties.
The operating company for Google Tag Manager is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, California 94043-1351, USA.
For more information, please see Google's privacy policy at https://policies.google.com/privacy?hl=fr&gl=fr
Google Analytics
Google Analytics cookies help us better understand our website visitors and tailor our web presence to their needs. More specifically, this web analytics service helps us optimize our websites and tailor our advertising to user needs to ensure the best possible user experience.
The company that operates Google Analytics is Google Inc., 1600 Amphitheatre Pkwy, Mountain View, California 94043-1351, USA.
For more information about our cookie policy and other technologies, please contact us.

// General terms of use

General terms and conditions
The following general terms and conditions of use (hereinafter the "General Terms and Conditions of Use" or "GTC") apply and govern the use of the website (hereinafter the "Website") as well as the use of all or part of the online services (hereinafter the "Services" or a "Service") marketed by HOMEPAC Luxembourg, registered in the Luxembourg Trade and Companies Register under number B272799 or by all its other direct or indirect subsidiaries (hereinafter "HOMEPAC").
HOMEPAC reserves the right to modify these Terms and Conditions of Use at any time and at its sole discretion. The modified Terms and Conditions will automatically apply to any new Service.
HOMEPAC will guarantee Customer access to the Website and Services 24 hours a day, 7 days a week, subject to maintenance operations and the limitations referred to in these Terms and Conditions.
By accessing the Website and/or using the Services, you mean that you have read and understood these Terms and Conditions, you agree to be bound by them and to have read HOMEPAC's Privacy Policy, whether or not you are a registered user of our Services.

Definition
A "Client" is defined as any user using the Website and/or the Services.

“Data” means all data, including personal information and energy consumption data, transmitted to HOMEPAC for the purpose of providing the Services.
The "General Terms and Conditions of Sale" (GTC) refers to the general terms and conditions of sale that govern the purchase of a Service or product by a Customer.
The "Party/Parties" refers to the Client or HOMEPAC, individually or collectively.
The "Software" refers to computer programs and databases enabling the automatic processing of data, which may be made available to Clients by HOMEPAC as part of certain Services.
The "Technical Conditions" refers to the technical conditions and restrictions concerning the use of the Website and/or Services in terms of compatibility and interoperability.

Registration
When you subscribe to certain Services via the Website, you will be asked to enter your personal information, as required (name, email address, etc.), and to ensure that it is correct and accurate so that the relevant Services can be provided to you. If any changes occur, your personal information must be updated.
If your Data proves to be incorrect or incomplete, HOMEPAC reserves the right to suspend the Services.
You will choose your login information (username and password) in order to access the Services.
You will ensure that this login information remains strictly confidential, refraining from disclosing it to third parties, even temporarily in any form whatsoever, and will use it strictly for personal purposes.
You are solely responsible for all activities that occur on your account and, as such, you must ensure that your account password remains confidential. You can configure your customer profile and how you interact with HOMEPAC through your profile settings.
You will inform HOMEPAC without delay of the loss of or any unauthorized access to your login information, by email or by any other means.

Maintenance
By using the Website and/or the Services, you understand and agree that HOMEPAC will carry out maintenance operations on the Website and the Software and that any interruption of access to the Website and unavailability of the Services resulting from such maintenance operations shall not constitute a fault of HOMEPAC under these Terms of Use or Terms and Conditions of Sale.

Guarantees
By using the Website and/or the Services, you understand and agree that the Services are provided "as is" and "as available", without any warranty, express or implied.
By using the Website and/or the Services, you understand and agree that the use of the Services is governed by Technical Terms. You agree to comply with these Technical Terms before subscribing to any Service.
By using the Website and/or the Services, you confirm that you have the appropriate computer equipment to use the Service and agree not to use any device and/or take any action that may cause harm to HOMEPAC.
By using the Website and/or the Services, you acknowledge the characteristics of the Internet network and agree that HOMEPAC cannot be held responsible for any interruptions to the Internet Protocol system resulting from an act of the Internet service provider or any act beyond HOMEPAC's control.
You will take all necessary actions to limit the damage that could result from any corruption of files or documents included in the Services.
If you fail to comply with any of your obligations under these Terms of Use (or Terms and Conditions of Sale), in particular by using the Services for unlawful purposes, HOMEPAC may suspend the Services, prohibit your access to the Website without prior notice and/or, where applicable, terminate your contract.

Responsibility
By using the Website and/or the Services, you guarantee at all times that you will not use the Website and/or the Service to:
(i) undertake or promote illegal activities, or false or misleading information;
(ii) unlawfully or without authorization copying works protected by copyright, patents or trademarks;
(iii) stimulate, incite or encourage the sending of emails, chain letters, mass sending of unsolicited emails, sending of instant messages, unwanted advertising messages or unsolicited mail;
(iv) promote or encourage any criminal act or activity, or provide guidance or instructions on the promotion of criminal activities, the violation of privacy, the dissemination or creation of computer viruses;
(v) soliciting other users' passwords or personal information for unlawful commercial purposes;
(vi) distribute, reproduce, publish or modify materials protected by copyright, trademarks or other exclusive rights held by third parties, in any way, without their prior consent.

HOMEPAC cannot guarantee continuous and permanent availability of the Website and Services. HOMEPAC will make its best efforts to provide the Services to Customers as efficiently as possible, subject to maintenance periods.
In accordance with Article 4, HOMEPAC reserves the right to interrupt access to the Website and Services in order to perform maintenance. Service interruptions shall not entitle the Client to any compensation.
For certain Services, you can open a ticket to report technical problems. In the event of Service unavailability due to technical failures caused by HOMEPAC, and if these failures are not resolved promptly, HOMEPAC will make every effort to resolve them as soon as possible, provided that:
(i) you described them precisely when opening the ticket,
(ii) that you fully cooperate with HOMEPAC and that
(iii) such failures do not result from misuse of the Services attributable to you.
HOMEPAC cannot be held responsible for the unavailability of the Website, Services or Software or for any loss of data resulting from a fault or omission attributable to you.
More generally, HOMEPAC disclaims all liability in the event of interruption or malfunction of the Website and/or Services resulting from:
(i) Your failure to comply with these Terms of Use, the Technical Conditions or HOMEPAC's recommendations;
(ii) Your inappropriate or unlawful use of the Website and/or Services;
(iii) Cases of force majeure;
(iv) Events dependent on third parties such as telecommunications operators;
(v) Of your acts or omissions.
By using the Website or Services, you may click on links that redirect you to third-party service providers. HOMEPAC is not responsible for the unavailability of these third-party websites or services. In general, HOMEPAC is not responsible for the operation, content, or any other aspect of third-party websites or services, or for any direct or indirect damage caused by following a link to a third-party website or service.

Violation of the Terms of Service
In the event of a breach of your obligations under these Terms and Conditions, HOMEPAC may terminate or suspend access to the Website and/or the provision of the Services.
You will not be entitled to any compensation of any kind on the basis of the suspension, termination or cancellation of the Services or access to the Website resulting from the breach of your obligations under these Terms and Conditions.

Intellectual property
The Software remains the exclusive property of HOMEPAC. The licenses granted to you under certain Services do not constitute a transfer of intellectual property rights with respect to the Software.
If applicable, HOMEPAC hereby grants you, for the duration of a Service, a non-exclusive, non-transferable and personal license applicable to the use of the Software.
If the Software relies on the rights of third-party software publishers, the terms of those licenses will apply to you. In this regard, HOMEPAC cannot, under certain circumstances, grant you rights greater than those granted to it by the publishers with respect to their software.
Consequently, HOMEPAC undertakes to protect you against actions by third-party software publishers who would claim that the intellectual property rights of the Software violate their intellectual property rights.

Protection of personal data
HOMEPAC acknowledges and undertakes to comply with the laws and regulations governing the processing of personal data, in particular with the General Data Protection Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and any other national law or regulation governing the processing of personal data in the context of the provision of the Website or Services.
To learn about our policy for protecting your personal data and your related rights, please read our Privacy Policy.

Applicable law and jurisdiction
The General Terms and Conditions of Use are governed by and construed in accordance with the laws of Luxembourg or the laws of the country in which the consumer has their habitual residence.
In the event of a dispute and if they are unable to resolve a dispute amicably, the Parties agree to bring any dispute relating to the conclusion, interpretation, performance or termination of the General Terms of Use before the courts of Luxembourg or, if different, the competent legal jurisdiction defined by the rules of jurisdiction applicable to the Consumer.

// General terms and conditions of sale

1. SCOPE OF APPLICATION

1.1. These general terms and conditions form the basis of the contractual relationship between the parties and are intended to define the conditions under which the limited liability company HOMEPAC S.à rl intends to engage reciprocally in the performance of their respective obligations.

1.2. They apply without restrictions or reservations to all business contracts with or without the supply of equipment and/or to sales concluded between the contractor and the client.

1.3. Any acceptance of the offer, order form or management form expressly implies the pure and simple acceptance of these general terms and conditions by the client.

1.4. The contractor is authorized to deviate from certain clauses of these general terms and conditions, depending on negotiations carried out with the client, by establishing express special conditions in writing.

2. OFFERS AND ORDERS

2.1. The work to be performed will be the subject of a quote from the contractor, valid for 30 days from its date of issue. Until the quote has been accepted by the client, the contractor is entitled to withdraw, revise, correct, adapt, and/or modify it at any time and without justification. After the expiry of the aforementioned 30-day period, the contractor is no longer bound by the stipulations contained in the quote, unless expressly accepted by the client.

2.2. All other work with or without supply of materials and/or sales not expressly provided for in the offer, but which are directly or indirectly related to the initial order, will be invoiced separately and in addition to those provided for in the initial offer.

2.3. In the absence of a written order, any additional work is deemed to have been ordered and duly accepted by the client unless contested by the client by registered letter with acknowledgment of receipt within 8 days of the completion of the work, or the installation or delivery of the equipment. In any event, the contractor is entitled to prove the order for work and/or the supply of equipment not included in the initial offer by any legal means, including witness testimony. The application of Article 1341 of the French Civil Code is expressly excluded.

2.4. The contractor is authorized by the client to subcontract the ordered work to a company of its choice. The client may not object to the execution of the subcontracted work by the contractor.

2.5 All costs and expenses not included in the order are the sole responsibility of the client (water, gas, electricity, administrative fees, etc.). It is the client's responsibility to obtain and secure all necessary and mandatory legal permits for the execution of the work.

3. TROUBLESHOOTING

3.1. Any intervention by the contractor for troubleshooting requires the establishment of a management sheet which will indicate as precisely as possible and on a provisional basis the defect or technical anomaly observed.

3.2. In the context of such troubleshooting, the necessary, useful and ancillary work to the repair of the main defect does not require the prior agreement of the customer.

3.3. By signing the timesheet, the client confirms having checked and accepted the repair work provided, with or without the supply of materials, and waives the right to contest the execution of the services listed on the timesheet. For further information, please refer to section 2.

4. QUALITY OF DEBTOR

4.1. The signatory of the order is the debtor of the contractor and is liable for payment of the ordered work. They may not oppose the payment obligation on the grounds that they are not the owner of the principal work, that they acted on behalf of a third party, or that the work did not personally benefit them. In the case of an order placed by a legal entity, the doctrine of apparent authority applies, and the signatory is deemed to have had the power to validly bind it. Evidence to the contrary is inadmissible and cannot be used against a contractor acting in good faith.

4.2. In the event of multiple clients, the latter are jointly and severally liable with their heirs and assigns for the obligations arising or to arise from the contract for services that they have entered into with the contractor.

5. INVOICING

5.1. Prices are always exclusive of VAT. The VAT rate applied will be the legally applicable rate at the time of invoicing.

5.2. A 30% deposit is payable to the contractor upon signature of the order by the client and in any event before work commences. The contractor is entitled to refuse to begin work until the 30% deposit has been paid in full.

5.3. As the work progresses, additional advance payments will be required from the client.

5.4. The contractor is entitled to demand full payment for the ordered materials if the work cannot be started within the agreed timeframe or for reasons beyond his control.

5.5. A 50% deposit is payable to the contractor upon signature of the order for any additional work related to the initial order. For further details, please refer to sections 2.2 and 2.3.

5.6. In the event of an order for equipment by the customer, a deposit of 50% of the sale price is payable to the contractor.

5.7. Payment of advance and/or final invoices is due as of right upon their issuance and must be made within 15 days from the date of their dispatch.

5.8. Failure to pay advance and/or final invoices entitles the contractor to suspend and/or stop work, or even to terminate the contract for fault on the part of the client.

5.9. Payment deadlines are strictly enforced and the arrival of the due date will automatically and without prior notice result in late payment interest calculated at the legal rate.

6. RECEPTION

6.1. Acceptance of the work and/or equipment delivered and/or installed by the contractor, whether complete or partial, shall be requested by the most diligent party. This will be carried out jointly, except in the case of an unjustified absence of the client, and only after a formal notice to perform has been issued and remains unheeded. Acceptance shall be recorded in a written acceptance report.

6.2. In the event of an unjustified absence of the client, the receipt report will be notified to him by registered letter with acknowledgment of receipt by the contractor and the client will forfeit his right to assert any ex post reservations regarding this receipt report.

6.3. In the event of use by the client of the technical installation and/or the equipment delivered and/or installed, without having obtained the express agreement of the contractor, the work carried out and/or the equipment delivered and/or installed by the contractor shall be presumed to have been accepted without reservation by the client, if no contradictory acceptance had been carried out beforehand.

7. COMPLAINTS

To be valid, claims concerning the scope of work, the equipment used and/or delivered or the invoices issued by the contractor must, under penalty of forfeiture and lapse, be introduced by registered letter with acknowledgment of receipt within 8 days of the completion of the work, or of the delivery and/or installation of the equipment or from the sending of the invoice, subject to legal guarantees.

8. EXECUTION DEADLINES

8.1. Completion times are purely indicative and non-binding. Only working days are taken into account. Completion times only begin to run after fulfillment of all preliminary terms of the contract (e.g., specification of technical data, receipt of an advance payment, etc.) and are calculated on the basis of continuous and generally unimpeded execution of the work.

8.2. In particular, the following are not considered working days: Saturdays, Sundays, legal holidays, mandatory collective leave, days of inclement weather and days of involuntary technical unemployment.

8.3. The start of work is conditional upon sufficient progress of other work on the site which is not the responsibility of the contractor.

8.4. In the event of an order for additional work, the initially agreed deadline is extended in proportion to the importance and the time required to complete said work.

8.5. The contractor shall extend the delivery and/or installation deadlines for equipment and/or execution of work when: the client is late in providing the plans, decisions and/or information requested by the contractor; in the event of delays, inconveniences or obstacles caused by the client or other trades present on site; in the event of non-compliance with the payment conditions by the client; in the event of force majeure or other causes beyond the control of the contractor.

8.6. The contractor shall never be held liable for any extension of the execution deadlines for the reasons referred to in 8.5.

9. TRANSFER OF RISK AND RETENTION OF TITLE

9.1. The transfer of risk occurs upon execution of the work and/or delivery and/or installation of the equipment on the construction site. From that moment, the client shall bear the risks of loss, damage, and/or destruction. The contractor is not subject to any warranty against eviction, except for eviction due to a strictly personal act. To this end, the client undertakes, at their own expense, to take out comprehensive construction all-risks insurance.

9.2. The goods remain the exclusive property of the contractor until full payment of the price, costs, and interest. Transfer of ownership of the goods is therefore contingent upon full payment of the price by the customer. Failing this, the contractor is entitled, after issuing a formal notice to pay that remains unheeded, to repossess the delivered, installed, and/or used equipment. The costs associated with the return will be borne by the defaulting customer.

10. RESPONSIBILITY

10.1. The contractor is not required to perform in the event of force majeure as defined in Article 1218 of the Civil Code or in the event of events beyond its control (e.g. natural disasters, severe weather, strikes, delivery delays or production stoppages by its own suppliers, etc.)

10.2. The contractor's liability is expressly excluded in the event of force majeure; events beyond its control; delays or damages resulting from the client's failure to pay deposits on time; delays or non-performance of work due to faults or negligence of the client; delays, disruptions or obstacles caused by the client or other tradespeople on site; intervention or interference by the client or a third party appointed by the client in the work; in the event of the absence of the necessary and mandatory legal authorizations.

10.3. Furthermore, the contractor cannot be held liable for any damage caused by the presence of gas, water, electricity, or oil lines on the construction site. The client and/or their architect must inform the contractor of the presence of such obstacles. The contractor has no obligation to provide information, advice, or inspection in this regard.

10.4. The contractor expressly excludes all liability for any damage resulting from the nature and/or composition of the equipment delivered and/or installed and from defects inherent in the delivered and/or installed item.

10.5. The client assumes full responsibility towards third parties, including any potential neighborhood disturbances. Any damage, loss, and/or inconvenience to third parties related to the design and/or execution of the work is the sole responsibility of the client. The contractor expressly disclaims all liability towards third parties. Should the contractor nevertheless be sued or sued by third parties, the client agrees to hold the contractor harmless from any and all claims of any kind whatsoever.

10.6. The contractor's liability is expressly limited to 30% of the order amount, under all circumstances.

10.7. Insofar as the contractor is only bound by obligations of means, the contractor's liability can only be engaged in the event of serious fault or negligence.

10.8. No guarantee is due from the contractor in the event of non-performance of maintenance work, non-compliance with the operating procedures of the installation or in the event of intervention or interference by a third party.

10.9. The contractor is entitled to refuse to carry out the work in cases authorized by law, in particular in the event of non-compliance with safety, health and hygiene rules by the client.

10.10. The client does not have the right to interfere in the execution of the contractor's work, under penalty of exonerating the contractor from all liability.

11. TERMINATION

11.1. Without prejudice to the articles of these general terms and conditions, in the event of unilateral termination by the client, the latter shall be liable, by operation of law and without prior notice, for full payment of the costs and expenses incurred and borne by the contractor, without prejudice to the award of damages for other damages that may be suffered by the contractor.

11.2. Without prejudice to the provisions of these general terms and conditions, the contractor is entitled to terminate the contract immediately and without prior notice in the event of a breach of the client's obligations, in particular in the event of non-payment of invoices issued. In addition to the costs and interest stipulated in these general terms and conditions, the client shall be liable by operation of law and without prior notice for full payment of the equipment ordered, without prejudice to the awarding of damages for any other losses that may be incurred by the contractor.

12. DATA PROTECTION

The client is informed that the data collected in this contract is subject to legitimate data processing by the entrepreneur within the meaning of the amended law of 2 August 2002 relating to the protection of persons with regard to the processing of personal data and in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

The client agrees that the data thus collected may be saved and transmitted to the entrepreneur's co-contractors located in Luxembourg or in third countries, so that this contract or future contracts can be usefully executed; so that the entrepreneur can usefully advise the client; for the purposes, where appropriate, of advertising and information on the products and services offered by the entrepreneur and its third-party co-contractors.

The following data are concerned by the processing of the data thus referred to: the name(s), the first name(s), the billing, delivery or residence address(es) and the contact data (telephone, email, fax) and finally the data concerning the products and services ordered from the entrepreneur.

The customer has the right to access, rectify, port, object to, limit, and erase this data in accordance with the legislation in force in Luxembourg.

13. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS

13.1. The provisions of these general terms and conditions form an integral part of the offers, purchase orders, and time sheets, constituting the basis of the service contract concluded between the parties. The client expressly acknowledges having been made aware of the content of these contractual terms and conditions at the time of placing the order, insofar as the offers, purchase orders, and time sheets expressly refer to them. The client further declares that they understand their meaning and scope. They expressly accept them in their entirety. The client's signature on the offers, purchase orders, and time sheets constitutes proof of their agreement to be bound by these general terms and conditions.

13.2. The possible invalidity of a stipulation provided for in this agreement shall in no case affect the validity of the other clauses and it shall be replaced by the parties by a rule which comes as close as possible to the basic intention.

14. APPLICABLE LAW AND JURISDICTION CLAUSE

This agreement is governed exclusively by Luxembourg law and the Luxembourg courts. The courts of the contractor's registered office shall have exclusive jurisdiction.

HOMEPAC

25/09/2025